73
1 Q. Now, you were working for Penn Fund USA
2 on June 4th, 1999. Isn't that right?
3 A. I'm not good with dates.
4 Q. Well, let me give you a point of
5 reference. That would be the date that the
6 consent order was signed transferring custody.
7 Were you working for Penn Fund on that date?
8 A. I think I was.
9 Q. And would you agree that you were
10 making at that time on June 4th, 1999 about
11 $260,000 a year?
12 A. I don't know. If that's what I've
13 said, then, yes, I would agree with it.
14 Q. And would you agree that during your
15 last year at Penn Fund, you were making somewhere
16 between 430 or $440,000 per year?
17 A. That's what I made that last year, yes,
18 sir.
19 Q. And isn't it a fact that throughout all
20 of pendency of these Juvenile Court proceedings,
21 you were working for Penn Fund USA. Is that
22 right?
23 A. Say that again.
24 Q. Isn't it a fact that during the
74
1 pendency of all of these Juvenile Court
2 proceedings, the June 4th proceeding, the May of
3 2000 petition and then the April of 2001
4 petition, during all of that time, you were
5 working for Penn Fund USA. Is that not right?
76
17 Q. Isn't it true, Mr. Baker, that it was
18 at that time in May of 2000 -- not 2001 -- but
19 May of 2000 that you and Ms. Baker made your
20 decision to terminate the parental rights the
21 Hes?
22 A. May of 2000? When they first filed
23 their thing?
24 Q. When they first filed their petition --
77
1 the first petition that was filed for
2 modification of the custody order?
3 A. I'm not for sure when we decided to do
4 that.
5 Q. Well, do you recall me asking you that
6 very question on May 19th, 2003?
7 A. No.
78
14 Q. All right, Mr. Baker, if you will turn
15 to Page 50, please.
16 A. Okay.
17 Q. And I'm going to ask you to follow
18 along at Line 14, and tell me if this represents
19 a fair portrayal of what happened on May 19th,
20 2003:
21 "Q. What was your reasoning for
22 seeking to terminate the parental rights as
23 opposed to just keeping custody?
24 "A. Prior to them filing their
79
1 motion for custody the first time, I wouldn't --
2 we didn't think that we would have to a reason to
3 term -- to submit to terminate their rights.
4 After they had filed the motion, we realized that
5 what they had said wasn't going to happen.
6 Therefore, we filed.
7 "Q. The petition to terminate
8 parental rights?
9 "A. Yes, sir.
82
10 Q. Mr. Baker, after I just read you this
11 passage in your deposition, is it true that you
12 made your decision to terminate the parental
13 rights of the Hes after they filed their first
14 petition to get custody back of the child?
15 A. I really don't remember.
16 Q. Even though you testified on May 19th,
17 2003 that you did know?
18 A. Well, maybe then, I did. I just don't
19 remember.
20 Q. So you're -- well, do you have any
21 reason to doubt what you said on May 19th, 2003?
22 A. No, sir.
120
1 Q. And, Mr. Baker, you've testified -- I
2 think you said when you were working for Penn
3 Fund, you discovered that the owner was a thief.
4 Was that your terminology?
5 A. Yes, ma'am.
6 Q. And were you associated in any way with
7 the financial misfortunes that came to that
8 company?
9 A. No, ma'am, not at all.
10 Q. Were you charged by the Securities
11 Exchange or any other organization with
12 committing any type of crime?
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1 BY MR. PARRISH:
2 Q. Mr. Baker, with respect to the $300,000
3 that you put on your financial statement that was
4 a debt to me, do you recall that?
5 A. Yes, sir.
6 Q. Do you recall a time in March of 2002
7 that you came to my office and you told me
8 something about your ability to pay me at that
9 point?
10 A. Yes, sir, I was -- up until that time,
11 I had been pretty -- I had been able to stay up
12 with the legal expenses. Sometimes I might spend
13 $5,000 a month. Sometimes it might be $6,000 a
14 month, but I was able to stay up -- to pay it
15 each month. As time wore on and my -- I lost the
16 job that I was making all that money with, I
17 wasn't able to do that
